TV Stations and Cable Operators Should Watch Out for Increased Closed Captioning Enforcdement

So it seems like we have been posting about Closed Captioning issues at least once a month recently, and this month is no exception as word comes now that the FCC is expecting to ratchet up enforcement of its closed captioning rules as it has now become easier for consumers to file complaints directly to the FCC.  Today, the FCC released a Public Notice aimed at informing consumers of just how easy it is to file complaints with the FCC regarding closed captioning.  The Notice also instructs viewers on how they can find contact information for video programming providers in order to contact satellite providers, cable systems, and broadcast television stations directly with any issues they may have.  Today's Public Notice, a copy of which is available here, is specifically aimed at viewers and touts that:  "The simplified complaint rules make it easier for consumers to bring their concerns about closed captions on television to the attention of the Commission." 

Today's notice comes on the heels of public statements made earlier this week about the fact that the FCC intends to ramp up its enforcement of the captioning rules.  According to trade press reports, the Deputy Chief of the FCC's Consumer and Governmental Affairs Bureau believes that the DTV transition has resulted in an increased number of captioning issues, and that the FCC expects to step up enforcement in this area to respond to the growing number of complaints.  So television stations, cable operators, and satellite television providers are on notice that the FCC is paying close attention to closed captioning issues.  Video programming providers should be vigilant to ensure that they are complying with the rules and that they respond promptly and thoroughly to any inquiry or complaint from either a viewer or the FCC.  Further details about the recent changes to the closed captioning complaint rules can be found in our earlier post here.   

FCC Releases New Version of the Public and Broadcasting and Sets Up Help Desk for Broadcast Complaints

The Public and Broadcasting is a document first written by the FCC in the 1970s to tell the public about how the FCC regulates broadcast stations, and to tell the public how they can get involved in the regulatory process.  Broadcasters must maintain a copy of the manual in their public file, and make it available to members of the public who request it.  For years, the manual was grossly out of date, finally being updated a few years ago.  Today, the FCC issued a Public Notice announcing that they have once again updated The Public and Broadcasting, and that all stations need to place the new version in their public file.  The new version, with a new subtitle "How to Get the Most Service from Your Local Station" can be found here.  Stations should print that document, and place it in their public file.

The manual is updated, and sets out most of the programming and other operational rules that would be of interest to the public.  The manual seems to be objective - pointing out that most programming decisions are left to the broadcast licensee to avoid violating the Freedom of Speech rights of the broadcaster. 

 

The Commission, at the same time, announced that it was setting up contact representatives within the FCC to deal with questions from the public about how to deal with their local broadcasters - and how to get involved in the FCC's processes of regulating broadcasters.  Toll free numbers and email addresses of one contact representative to deal with radio matters, and another for TV, have been established.  Setting up these contacts seem to be part of the FCC's suspicion, reflected in their localism proceeding and in connection with many other recent FCC actions, that broadcasters are not adequately serving the public and that there is significant interest on the public's part to become active in the activities of broadcasters and their regulation by the Commission.  This suspicion also seems to be underlying the proposals for community advisory boards and manned main studios in a station's city of license, as reflected in the issues raised in the localism proceeding, where comments are due on Monday, April 28.

As the Commission is urging that the public monitor broadcasters and their adherence to the FCC's rules, broadcasters should start their compliance programs by updating the version of The Public and Broadcasting that is in their public file.